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The second option recommended to city council by the planning commission would allow retail marijuana in areas designated on the map
Milford Planning Commission voted December 17 to recommend two different ordinances to city council related to retail marijuana retail locations. The recommendation places the decision in the hands of city council.
“The first option basically excludes marijuana retail stores in the city but allows medical compassion centers, including sales, manufacturing and cultivation,” City Planner Rob Pierce said. “The second would be to permit cultivating and manufacturing in areas zoned BP or business park, medical compassion centers in C3 highway commercial and institutional service districts as well as retail outlets in C3 zoning.”
Pierce pointed out that the medical and retail sales would have to be 500 feet from a private or public K-12 school or residentially zoned property. Pierce also reminded the commissioners that there was already a medical compassion center in the C3 zoning area as well as two growing and cultivating facilities in the same zoning.
“So, there will be marijuana sales in Milford regardless of what we decide here,” Commission Chairman Marvin Sharp asked.”
Pierce explained that medical would continue to be permitted in C3 but that there could be restrictions on retail locations. Commissioner Charles Hammond asked if there was precedent with other towns.
“Dover did allow recreational sales within the highway commercial zone while the majority of communities in Sussex County have prohibited the retail sales,” Pierce said. “Newark permitted with specific buffers, and I believe Smyrna has allowed them as well.”
City Solicitor David Rutt explained that Milford was behind in making this decision compared to other municipalities. Pierce stated that, at one time, alcohol was restricted in city limits within 1,000 feet of a school. Pierce also pointed out that any retail marijuana facility would need to file for a conditional use which would give the commission and council additional controls.
There was a public hearing held and no one spoke for or against retail marijuana locations. When asked if there had been previous hearings, Pierce stated that one public hearing before council had about eight members of the public, most of which were in favor of allowing retail outlets while another meeting had four or five against the measure.
The commission voted 4 to 1 to recommend the first ordinance to council which would forbid retail marijuana sales in the city with Ian Wright the sole no vote.
“I prefer that we have other options,” Wright said regarding his no vote.”
The commission then voted 5 to 0 to recommend the second ordinance to council which would permit retail marijuana outlets in commercial districts. The two ordinances will now go to city council for a final decision on January 13. There will be a public hearing before council on that date.
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